Draft press law debated amid criticism

Yemen’s Shura Council, or upper chamber of parliament, has begun reviewing a draft press law amid demands by journalists for legislation granting them greater rights and protection. “The issue isn’t just the imprisonment of journalists,” said Said Thabet, deputy chairman of the Yemeni Journalists Syndicate (YJS ). “We want a law that can liberate the media from the dominance of the government.” The proposed legislation reportedly stipulates that the Ministry of Information cannot prevent a publication from being distributed except by a court verdict. The draft is also said to contain an article abolishing prison sentences against journalists, a longstanding demand of the syndicate. Previously, journalists could be jailed for up to two years if they published anything perceived by the authorities as damaging to the head of state or to other Arab leaders. But while the proposal provides for the elimination of prison sentences for press-related offences, it imposes a 100,000-YR (nearlyUS $5,000) fine in its stead – a sum 10 times greater than the penalty imposed by the current law. According to many working in local media, the draft in its current form – written with little input from local journalists – is far from satisfactory. “We’ve looked over the draft, and it doesn’t meet even the minimum of what journalists want,” said Thabet. “All taboos on the profession should be abolished. Only the judiciary should be responsible for bringing writers to court, not the government.” He went on to say that all media outlets, including television and radio, should be privatized. At present, only newspapers can be independently owned. Mohammed al-Tayib, chairman of the Shura Council Committee of Rights and Liberties, countered by saying that the YJS would be asked to submit comments on the draft, which will be debated in the upper house before being turned over to the House of Representatives for ratification. “The Shura Council committees will take as much time as is needed to discuss the draft, which will meet journalists’ ambitions,” al-Tayib said, adding: “We’ll send the draft to the YJS for discussion and submit their opinions on it.” The YJS, meanwhile, has stated that it is still waiting for a copy of the draft. Under the current law, said YJS secretary general Hafez al-Bukari, the legal prosecution of press offences is nothing more than a tool for repressing journalists. “There shouldn’t be press prosecutions separately, there should only be general prosecutions,” he said. The London-based ARTICLE 19 organisation, devoted to freedom-of-expression issues, showed disappointment with the draft, warning that the new legislation “may signal the end of the government’s brief experiment with press freedom and democracy.” Law Programme Director Toby Mendel of ARTICLE 19 said in a 29 November statement that, "What the free press needs now is a strong statement of support from the government –the draft law is just the opposite.” The revision of the current 1990 Law on Press and Publications was first set in motion in 2004, when President Ali Abdullah Saleh called for the abolition of prison sentences for press-related offences. An initial draft by the Ministry of Information, however, was rejected by journalists due to the restrictions it introduced in other areas. Responsibility for the reform process was then handed to an ad hoc committee chaired by the Minister of Justice, which has since met behind closed doors, with little if any consultation with media figures.